By checking this box, I acknowledge and agree to the Terms and Conditions of this purchase.


By ticking the terms of agreement box you ("the Client") are agreeing to enter into this Agreement with Highflier Powerhouse LLC ("the Company"), under the following terms:

1. Scope of Work

Company agrees to perform the following services for Client, which include:

DELIVERABLES:
- 3 campaign strategies delivered in a document
- 3 campaign calendars outlining what to post when
- 100 content ideas between all 3 campaigns
- Media Map strategy so you know how to use your platforms in each campaign
- 90-minute strategy session to review all material

Please note that content writing and design is not provided.

Service Total: $3000

Client understands and agrees that Company’s services are limited to the scope of work detailed in Section I of this Agreement.

2. Changes in Specifications

Client understands that all additions, alterations, changes in content, layout, or process changes requested by the Client that are outside the Scope of Work may be at an additional cost. Requested changes in the Scope of Work shall be effective only upon Company’s express consent and payment in full by Client. 

3. Service Schedule

The Parties agree to abide by the Project Schedule selected and adhere to any deadlines detailed in the onboarding process and throughout the time of the offer dates. 


PAY-IN-FULL INVESTMENT: $3000

PAYMENT PLAN INVESTMENT:
2 payments of $1500


Client understands and agrees that Company’s services are limited to the scope of work detailed in Section I of this Agreement.


2. Project Schedule


The start date of your project with Highflier Powerhouse LLC is set as the date on which you complete payment and confirm acceptance of our terms and conditions by ticking the designated box. This agreement may be adjusted through mutual discussion via email, where any changes to the start date must be agreed upon in writing by both parties.


3. Payment Schedule

Due Dates: Payments are due on their original due date despite any delays due to manufacturing or content creation.
Refunds: Company does not offer refunds. Client agrees to pay the total retainer price agreed upon herein this Agreement.
Default: Company will have the right to stop work and keep the project work idle if payments are not made to Company as outlined in this Agreement. If the work is stopped for such reason for a period exceeding 14 days without payments being made, Client will be deemed to be in default and Company may, at [his/her] option, make a final demand for all payments due and owed, and any additional expenditures for work performed, or any other loss sustained. If payment is not made within 7 days after such demand, Company will be entitled to all legal remedies for breach of this Agreement.
Late Fees: Payments that are more than 3 days late incur an additional cost of $100. After the initial late fee, Client will incur an additional $100 each week until full payment is rendered plus any additional late fees Client incurred.



6.Client’s Responsibilities

Communication: Client understands that prompt communication is of the utmost importance throughout the creative process during this commitment. Company cannot effectively develop the design work without Client’s cooperation.
Specificity: Company and Client shall work together to hone in on a cohesive vision for the Client’s campaigns. Client understands that a full rebrand or website revamp is not included in the scope of work and must be accounted for as a separate project.
Approval: Client shall review and approve the work product submitted by Company. It is Client’s responsibility to adequately examine all work produced during the project and provide Company with thorough feedback.
Timeliness: Deadlines may be implemented to ensure Parties’ stick to the timeline of the project. Client is responsible for meeting the deadlines Company implements. Company is not responsible for any delays in design due to Client’s delay in communication, approval, or providing content. If Client does not meet the agreed upon deadlines, Company has the right to temporarily put Client’s project on hold.


8. Non-Disclosure

Parties promise and agree to:
(A) to take commercially reasonable measures to protect and safeguard the Confidential Information that it receives against unauthorized use, dissemination, publication or disclosure; (B) not to use any of the Confidential Information except in connection with the execution of the Consulting Services; and (C) not to, directly or indirectly, in any way, reveal, report, publish, disclose, or transfer any of the Confidential Information except to its affiliates, principals, employees, consultants, representatives, accountants, agents, co-investors, advisors, legal counsel, lenders, investors, officers and directors, or as otherwise specifically authorized by the Company (collectively, “Representatives”).

For purposes of this Agreement, Confidential Information includes, but is not limited to: product information, proposals, creative works, business plans, marketing strategies, advertising material, customer lists, business records, financial information, and any other information designated as confidential by the Parties.

Information is not confidential if it is generally available or known within the internet industry, it is in the public domain, it was known to the Parties before this Agreement was entered into, it was independently received by the Parties from a third party, or it was developed independently by either Party.

9. Proprietary Rights
Company retains all right, title, and interest in the work product. Upon full payment of the project price to the Company, Client shall be the owner of all right, title, and interest in the final work product, except that Company shall retain the exclusive right to use the work for self-promotion purposes, including but not limited to advertising, exhibiting, showcasing, and including work product in Company’s portfolio.
Company shall retain all right, title, and interest in non-final work product. If Client elects to cease working with Company prior to project completion, Client retains no rights to any intellectual property or designs created and designs may not be duplicated or replicated in any way.

10. Intellectual Property Warranty
Company warrants and represents that it will not knowingly violate the intellectual property rights of any third party in its performance of the Services. The Client warrants and represents that any content provided to the Company to facilitate the performance of the Services shall not violate the intellectual property rights of any third party and shall indemnify the Company against any claim that results from the provision of such allegedly infringing content.

11. Independent Contractor Status
Company is an independent contractor and shall not be considered an employee of Client. Nothing contained in this Agreement shall be construed to create any relationship of employer and employee, agent and principal, partnership or joint venture between the Parties. Client understands that Company is an independent contractor and shall remain free to enter into additional contracts and provide services to other Clients.

12. Disclaimer
Company makes no guarantees regarding the results Client may obtain through working with Company. Client agrees that any statements made regarding the potential outcomes of working with the Company are merely opinions and are not binding on the Company. The results Client experiences will be dependent on many factors including but not limited to: Client’s level of personal responsibility, commitment, and abilities, in addition to factors that the Client/and or Company may not be able to anticipate.

13. Limited Liability
Except as expressly provided in this Agreement, Company makes no guarantees, representations, or warranties of any kind of nature, express or implied with respect to the services agreed upon and rendered. Company shall not be liable to Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, Company’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement for all services rendered through and including the termination date. Client agrees to indemnify and hold Company harmless against any liability relating to or arising from the website, web design, and web site material.

14. Assignment
There shall be no assignment of obligations. Neither Party may assign any of its respective obligations under this Agreement without the express written consent of the other Party.

15. Notice
Any notices required or permitted to be given hereunder shall be given via email to . Any notice shall be effective upon delivery.

16. Termination
Company may, at its sole option, terminate this contract or any portion thereof, immediately upon written notice. Company shall be paid for all work performed through the date of receipt of notice of termination. Client may not terminate this agreement without the prior written consent of Company.

17. Modifications
This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by each party.

18. Severability
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

19. Force Majeure
In the event either party is unable to perform its obligations under the terms of this Agreement because of, including but not limited to: acts of God, strikes, government restrictions, communicable diseases, epidemics, pandemics, national disasters, or other causes reasonably beyond control, such party whose performance is affected shall notify the other party of the Force Majeure Event and its impact on performance under this Agreement. The party whose performance is affected shall use reasonable efforts to resolve any issues resulting from the Force Majeure Event to perform obligations under this Agreement. The party whose performance is affected shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes

20. Waiver
No waiver of any term, condition, or breach of this Agreement shall be valid or binding on either Party unless agreed to in writing by the waiving Party. The failure of either Party to enforce at any time the provisions of this Agreement shall in no way be construed as a present or future waiver of any of the provisions of this Agreement, nor in any way affect the validity of either Party's right to enforce each and every such provision at any and all times thereafter.

21. Entire Agreement
This Agreement, including all Exhibits, Appendices, and Attachments, contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged.

22. Counterparts and Facsimile
For the convenience of the Parties, this Agreement may be executed in any number of separate counterparts, each counterpart being deemed to be an original instrument, and all counterparts together will constitute the same agreement. Executed signature pages to this Agreement may be delivered by facsimile and such facsimiles will be deemed as sufficient as if actual signature pages had been delivered.

23. Dispute Resolution
In the event of a dispute regarding or arising under this Agreement, the Parties agree that after receipt of notice of such dispute, the Parties shall in good faith discuss the dispute and seek a resolution. If the matter has not been resolved within thirty (30) business days after commencement of such good faith discussions, either party may assert its rights to the fullest extent permitted under law.

24. Venue and Applicable Law
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California. Both Parties agree to submit to the jurisdiction of and venue in the State of Virginia. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of Virginia.

25. Signatures
This Agreement shall be signed by both Parties agreeing to the terms laid out above. This Agreement is effective upon our signatures as of the day and date first above stated.